Clydesdale Bank Plc v Mowbray [1998] ScotCS 20 (9 October 1998)

The pursuers are entitled to raise a separate action for recovery of expenses reasonably incurred under the contractual terms of the standard securities, and such action is competent in the Court of Session. The pursuers have averred sufficient title to sue, and jurisdiction is established.

Citation: [1998] ScotCS 20
Parties: Pursuer: Clydesdale Bank Plc; Defender: John Renton Mowbray
Jurisdiction: Scotland
Judgment Date: 09 October 1998
Procedural Posture: Civil / Procedure Roll (pleas in Law, Preliminary Issues)
Outcome: Defender's first, second, and fourth pleas-in-law repelled; proof before answer allowed.
Legal Topics: Standard Securities, Expenses of Process, Jurisdiction, Title to Sue

Contract Law Property Law Civil Procedure Standard Securities Expenses of Process Jurisdiction Title to Sue

Case Brief

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Parties

Clydesdale Bank Plc

Pursuer

John Renton Mowbray

Defender

Procedural Posture

Civil / Procedure Roll (pleas in Law, Preliminary Issues)

Legal Issues

1 Whether a separate action for recovery of expenses under standard securities is competent
2 Whether the pursuers have title to sue as a company
3 Whether the Court of Session has jurisdiction over the matter

Ratio Decidendi

Court Disposition

Defender's first, second, and fourth pleas-in-law repelled; proof before answer allowed.

Orders

Repel defender's first, second, and fourth pleas-in-law
Allow proof before answer